Abta/Arbitration /Leger

Loafy12

mistake on this page

agrinnall

I don't have any idea where you stand but I'd suggest that you go back to the arbitrator to ask for their interpretation.

Westin

Is the award made by an arbitrator not typically ‘full and final’? What does the award say?

Are you sure the other cheques were just good will. Was “ex-Gratia” mentioned on paperwork?

The arbitration would normally bind both sides and be a final and full settlement. Therefore you would not have the right to bank other cheques. That said, Ledger dropped the ball by not cancelling these cheques when both sides agreed to arbitration.

Alan_Bowen

Technically you are supposed to return the cheques before proceeding to arbitration. It has always been the case that if you get less than previous offers, you are considered to be the loser and in that case, you must pay an amount equal to your initial fee, £108 in your case, back to the tour operator. ABTA then refunds the remaining fees so the operator ends up at a zero cost when they 'win'. It is similar to court proceedings where if you lose you have no liability for legal costs but you can be ordered to pay the court costs that the operator incurred.

I obviously cannot comment on the decision, but customers are generally successful but clearly, in this situation, the arbitrator felt the operator had dealt with the issue fairly before the arbitration began

peachyprice

By not banking the cheques and proceeding to arbitration you in effect rejected those offers.

You cannot reject the initial offers AND go to arbitration AND accept the award AND cash the cheques.

You should have returned the cheques and Leger having noticed you hadn't should have cancelled them. But their error doesn't mean you get to keep their money.

richardw

Why bother with Arbitration! The small claims court would’ve been quicker.

richardw

If you accepted the goodwill offer in the form of the cheques you should have paid them into your account at that time.
If you didn’t you should have told Leger and asked Leger if they wanted them returned.
Cancelling cheques incurs bank charges, why do think it’s reasonable for them to have those costs?
This keep the cheques in the drawer is not the way of doing things at all.
I think you may just have to accept that it was something that just wasn’t done the right way and you should put it behind you.

sheramber

This is essentially because the Claimant failed to beat the offer from The Respondent of £350.00.

So £280 was instead of the original £350 so you now need to repay the £350

Loafy12

Could Admn please delete this thread thank you

agrinnall

Loafy12 wrote: »

Could Admn please delete this thread thank you

That's not how it works. If you have nothing more to add to the thread then simply do nothing, but other people may want to continue to post, and everyone will be able to read it.

pennylane99

https://www.dailymail.co.uk/news/article-6157023/Andrea-Bocelli-fans-complain-performs-opera-not-greatest-hits.html